Dems Seek Senate Ballot Name Change

JOHN P. McALPIN

Published
7:00 pm CDT, Tuesday, October 1, 2002

Associated Press Writer

PRINCETON, N.J. (AP) _ Taking their fight for continued control of the Senate to the state Supreme Court, Democrats are asking justices to let them put former Sen. Frank Lautenberg on the November ballot instead of scandal-tainted Sen. Robert Torricelli.

Party leaders took one day to name the 78-year-old, three-term senator as their preference to replace Torricelli, who dropped out of the race Monday amid questions about his ethics. But Republicans said Torricelli missed a deadline to quit the race and that Democrats could not replace him on the ballot.

The seven justices of New Jersey's Supreme Court have agreed to let attorneys sidestep lower courts and argue Wednesday on whether Democrats can switch names on the ballot.

Republicans say Torricelli missed the deadline and that adding Lautenberg's name would allow parties to replace candidates as elections neared simply because they feared losing.

Attorney General David Samson, who was appointed by Democratic Gov. Jim McGreevey, said in written arguments Tuesday that the justices have the power to relax the deadline and allow Democrats to post another candidate so voters would have more choice.

Some legal experts agreed.

"In a substantial number of those cases, the courts have ruled on the side of being inclusive," said Richard Perr, an election law professor at Rutgers University Law School.

Six of the seven justices on the state's highest court were appointed by a former Republican governor.

Under New Jersey law, a party can replace a statewide nominee on the ballot if the person drops out at least 51 days before the election. Torricelli missed the deadline by 15 days, setting the stage for a court fight five weeks before Election Day.

"This is one for the books," said Larry Sabato, a political scientist at the University of Virginia. "It will long be remembered."

McGreevey chose Lautenberg to replace Torricelli after a full day of meetings with top state Democrats. He said Lautenberg's legislative record and stand on social issues followed the party line.

Lautenberg, who retired two years ago, said he was ready to run.

"None of the enthusiasm has died," Lautenberg said. "I will fight just as hard. I am just as energized."

"When it comes to Mr. Lautenberg, the voters are going to say, 'Been there, done that,'" said Bill Pascoe, campaign manager for Republican candidate Douglas Forrester. "It's time for new leadership."

The Democrats are defending their one-seat advantage in the Senate in midterm elections. Torricelli's re-election bid capsized when a poll put him down 13 points after months of news about illegal campaign donations and improper gifts.

Sen. William Frist, chairman of the Senate GOP campaign committee, said Republicans would consider appealing to the U.S. Supreme Court if the New Jersey court rules in favor of Democrats.

"This is a desperate grasp at getting around the law and the people of New Jersey are tired of having their leaders go around the law," he said.

Frist said some absentee ballots have already been cast and that other ballots have been distributed to military personnel overseas; the New Jersey Association of County Clerks said about 1,600 absentee ballots were mailed out.

Senate Majority Leader Tom Daschle, D-S.D., said that by objecting to Torricelli's request, Republicans were "denying the people of New Jersey a choice."

Five months ago, Torricelli's Senate seat was considered relatively safe. But support plummeted after he was admonished by the Senate ethics committee for his relationship with a 1996 campaign supporter, and he soon became the most vulnerable incumbent in the country.

Businessman David Chang said he gave Torricelli expensive gifts in return for Torricelli's intervention in business deals in North and South Korea.

Seven people pleaded guilty to making illegal donations to Torricelli's campaign in 1996. Federal prosecutors investigated Torricelli but decided not to file charges against him.

Torricelli said he had not done everything he was accused of doing. He apologized to voters in a television commercial, but the damage was already done.

Lautenberg is a supporter of abortion rights and staunch opponent of the death penalty. The former business executive brings two major strengths to the bid: statewide name recognition and a huge reserve of personal wealth.

He and Torricelli feuded openly while serving together, but Lautenberg said he wasn't dwelling on the irony.

"I'm not in a gloating mode," Lautenberg said. "I don't want to be smug about this. It was unfortunate for him and an unfortunate thing for all of us."